McCannon v. United States

VAN VALKENBURGH, Circuit Judge.

Plaintiff in error was tried in the District Court for the Western District of Oklahoma upon the single charge of selling intoxicating liquor contrary to law. In his brief counsel makes this statement:

“The only proposition urged for a reversal in this ease will he based upon the second assignment of error, which challenges the existence of any substantial evidence to sustain the conviction.”

The case then falls within the rule, so often announced by this court, that an appellate court will not decide the question of the sufficiency of the evidence, in the absence…